The petitioners challenged the eviction of around 40,000 landless people from various char lands of Noakhali district purportedly for development of a shrimp project.

Nijera Kori had earlier filed three writ petitions (1162 of 1998, 3091 of 2000 and 7248 of 2003) and in the first two, the High Court had passed orders to protect the landless people from eviction. In Writ Petition No. 7248 of 2003 the then Attorney General appeared and submitted that the Government had decided not to evict the landless people without prior rehabilitation. In spite of this representation, however, the landless people were facing eviction and subjection to abuse, exploitation, threats, intimidation, torture and falsely implication in criminal cases, and the administration had failed to redress the situation.

Rule/Order/Judgment

Date: 01/09/2004

Details

The Hon'ble High Court Division issued a Rule and stayed the operation of the impugned memo dated 06.05.03 for 6 (six) months and also directed the respondents to restrain from setting the area for shrimp cultivation for the said period.

Justices

Mr. Justice Md. Abdul Wahhab Miah

Ms. Justice Zinat Ara

&nbsp

Date: 23/02/2005

Details

The court extended the earlier granted stay order till disposal of the Rule.

Database Last Updated on: 2019-08-22 17:31:00

Area of law

Equality,Livelihood,Shelter,Life,Access to Justice,Discrimination,Accountability and Institutional Reform

Keywords

Noakhali Char Eviction Case or Shrimp Farming Case

Relevant statute

Articles 15, 19, 27, 31, 32, 42 and 102 of the Constitution ;

Land Reform Ordinance, 1984;

Chapters IV and V of the Land Administration Manual, 1900

Case Number: Writ Petition No. 5194 of 2004

Date of filing: 2004/08/30

Petitioners

Nijera Kori

Bangladesh Environmental Lawyers Association (BELA)

Bangladesh Legal Aid and Services Trust (BLAST)

Ain o Salish Kendra (ASK)

Association for Land Reform and Development (ALRD)

Bangladesh Society for the Enforcement of Human Rights (BSEHR)

Respondents

The Secretary, Ministry of Land

The Secretary, Ministry of Environment and Forest

The Secretary, Ministry of Home Affairs

The Inspector general of Police, Dhaka

The Divisional Commissioner, Chittagong Division

The Deputy Commissioner, Noakhali District

The Assistant Commissioner (Land), Sadar Upazila, Noakahli

The Assistant Commissioner (Land), Companigonj Upazila, Noakhali

Director of Moitri Agro Fisheries Private Ltimited

Chairman, Bangladesh Agricultural Development Corporation

Facts

The petitioners challenged the eviction of around 40,000 landless people from various char lands of Noakhali district purportedly for development of a shrimp project.

Nijera Kori had earlier filed three writ petitions (1162 of 1998, 3091 of 2000 and 7248 of 2003) and in the first two, the High Court had passed orders to protect the landless people from eviction. In Writ Petition No. 7248 of 2003 the then Attorney General appeared and submitted that the Government had decided not to evict the landless people without prior rehabilitation. In spite of this representation, however, the landless people were facing eviction and subjection to abuse, exploitation, threats, intimidation, torture and falsely implication in criminal cases, and the administration had failed to redress the situation.

Rule/Order/Judgment

Date: 01/09/2004:

Details

The Hon'ble High Court Division issued a Rule and stayed the operation of the impugned memo dated 06.05.03 for 6 (six) months and also directed the respondents to restrain from setting the area for shrimp cultivation for the said period.

Justices

Mr. Justice Md. Abdul Wahhab Miah

Ms. Justice Zinat Ara

&nbsp,

Date: 23/02/2005:

Details

The court extended the earlier granted stay order till disposal of the Rule.